Litigation or Negotiation: Which is the Better Way to Divorce?
Posted on Sep 26, 2013 1:40pm PDT
When you file divorce, the nature of your case will determine whether it is a negotiation or litigation situation. Litigated divorces are those that are full of lawsuits and legal battles, whereas negotiated divorces involve discussions with mediators or attorneys present to agree on the settlement for the divorce.
It is always better to negotiate though a divorce than to litigate. In fact, negotiating will often reveal better results, cost less, and take a shorter amount of time. Negotiated divorces typically have to be cooperative, so if you are at odds with your spouse then you may not be able to manage the luxury of a negotiated divorce. The divorce can often be cooperative, which means that both spouses hire their own attorney.
Then the spouses can direct their attorneys to work together to create settlement negotiates and reach amicable decisions about a variety of different divorce concerns without ever meeting in a court room. This is helpful for individuals who have full-time jobs and don't have the ability to be in court all the time. Negotiated divorces can also be collaborated. This happens when you and your spouse choose to keep all divorce matters out of court and focus on problems that are confidential and private.
Collaborative professionals are hired to assist in preserving the financial and emotional resources of the family in this case. Oftentimes a collaborative divorce involves many meetings with attorneys at a filer's home going through the many different situations that will arrive post-divorce. Also, a negotiated divorce may involve mediation. This normally happens when the spouses choose to forego their right to individual lawyers and instead hire an impartial third party to help them resolve conflicts.
A mediator can help the couple to sit together and hammer out the details of divorce in a civil manner. Normally this will reduce the possibility that a court could take over your divorce case and start deciding your property division, child custody, and spousal support without your say. One of the greatest benefits of a negotiated divorce is the fact that the practice will minimize attorney's fees and costs because there will not be any court expenses. There will also not be as much paperwork that needs to be filed.
Negotiated divorce can also save a lot of time. The divorce is very practical if you plan to get re-married soon after your divorce. This is because you may not have to decide on spousal support or many other issues if you plan to get married shortly after your divorce. This is because a lot of post-divorce arrangements end when an individual is remarried anyway.
Also, a divorce can help to provide privacy within your divorce. If you don't go to court, then much of your paperwork will never be made public. This can be exceptionally helpful when you have secrets you wish to keep private. Negotiated divorces can also help to keep the kids out of the proceedings, and help you to figure out how to talk things out. You can also try to understand your spouse's point of view by a negotiated divorce and make decisions in a less hostile environment.
Negotiated divorces also allow individuals to try and work through issues with communication, rather than leaving the decision to an unbiased third party. If you want more information about this form of divorce then contact an attorney today to learn more. Negotiated divorces aren't for everyone. Those that do not communicate well should not attempt this type of divorce unless they have an excellent mediator or hardworking lawyers there to help.